Manoj Jha, a Rajya Sabha RJD member, disagreed with the current collegium system and said that with the new changes, the government should bring the Judicial Appointments Commission (NJAC) bill. Manoj Jha stated that the Judicial Appointments Commission (NJAC) bill must be drafted in accordance with the Constitution to ensure the participation of all segments of society in judicial appointments.
Jha also questioned the central government's NJAC bill, which rejected the existing collegium system and stated that there was no provision for reservation for Scheduled Castes, Scheduled Tribes, and Backward Classes in NJAC.
Since 2014, the central government and the judiciary have been at odds over the collegium system. On December 8, Minister of Law Kiren Rijiju stated that no such proposal to reintroduce the NJAC with appropriate modifications exists.
In response to several questions raised in Parliament by politicians Mallikarjun Kharge and Dr John Bittas, Law and Justice Minister said that the appointment of Constitutional Court Judges is a continuous, integrated, and collaborative process between the Executive and the Judiciary.
Rijiju also stated that appointing judges necessitates consultation and approval from various constitutional authorities at both the state and federal levels. Only those individuals recommended by the Supreme Court Collegium are appointed as High Court Judges by the government.
"During the last five years, a total of 256 proposals have been remitted by the Government to the High Courts. The proposals are remitted to the concerned High Courts on the advice of the Supreme Court Collegium," he added.
On the question of the number of vacancies in the Supreme Court and High Court as of the date, the Law Minister stated that as of December 5, 27 Judges were working in the Supreme Court, leaving seven vacancies.
"In the High Courts, against the sanctioned strength of 1108, 778 Judges are working leaving 330 vacancies," he added.
In an attempt to change the system of judicial appointment, the National Democratic Alliance government introduced the National Judicial Appointments Commission (NJAC) Act in 2014. Vice President Jagdeep Dhankhar recently made a remark on the 99th Constitutional Amendment Bill, which paved the way for the National Judicial Appointment Commission (NJAC), which was overturned by the Supreme Court in 2015.
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